1. ASEAN +3 

Republic of Korea is not a member state of ASEAN, but as part of the ASEAN+3 along with China and Japan, it is a Dialogue Partner of ASEAN. While ASEAN does not have a binding refugee convention, it works on promoting regional stability and security, with the ASEAN Human Rights Declaration being relevant for refugees. The organization encourages cooperation on migration, with some ASEAN countries hosting large numbers of refugees. ASEAN Intergovernmental Commission on Human Rights (AICHR) focuses on human rights issues, including those affecting refugees and displaced persons in the region. The Republic of Korea has been a full dialogue partner of ASEAN since 1989, which allows it to actively participate in discussions within the organization.  

2. OECD  

The Republic of Korea joined the OECD in 1996 and has been participating in discussions on migration and refugee-related policies within the organization. In particular, the OECD plays a role in publishing reports on refugee issues and providing statistics on refugee recognition rates among OECD member countries. 

3. APEC 

The Republic of Korea joined APEC in 1989. As an economic cooperation organization, APEC does not address refugee issues directly. However, it contributes to international cooperation on migration, human mobility, human trafficking, and border security. 

Article 6, Paragraph 1 of the current Constitution of the Republic of Korea provides that "Treaties concluded and generally recognized international law regulations have the same effect as domestic law." In light of the constitutional provisions, the Republic of Korea is generally regarded as following a monist system of domestic implementation of international law.  

Article 60 of the Constitution proclaims that the National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related to legislative matters. 

Additionally, Article 5 of the Addenda to the Constitution stipulates that laws and treaties shall remain in effect to the extent that they do not contradict the Constitution. The Constitutional Court has ruled that the Constitution presupposes the superiority of the Constitution over treaties and does not recognize so-called constitutional treaties that hold the same legal status as the Constitution (Constitutional Court, 28 Nov 2013, 2012Hun-Ma166). 

The Constitutional Court has also explicitly stated that the principle of respect for international law under Article 6, Paragraph 1 of the Constitution means that treaties to which the Republic of Korea is a party and generally recognized international law have the same effect as domestic law. However, this does not mean that treaties or international law take precedence over domestic law, thereby making it clear that "international law does not override domestic law"(Constitutional Court, 26 April 2001, 99Hun-Ga13). 

There are no decisions from the Constitutional Court that explictly ruled on domestic effect of generally recognized principles of international law. 

The Republic of Korea is a unitary presidential republic. 

The Constitution of the Republic of Korea adopts a presidential system based on the separation of powers between the legislative, judicial and executive branches (Article 40, 66, 101). The President holds both the position of head of state and head of the executive branch (Article 66). The President represents the state in foreign affairs and serves as the head of the executive (Article 66). The President is elected for a single five-year term by direct popular vote, and in the event of a vacancy or incapacity, the Prime Minister exercises the President's authority (Article 70, 71). The President has the power to declare war, propose bills to the National Assembly, and, in times of national emergency or martial law, declare a state of emergency or martial law, though such declarations require subsequent approval by the National Assembly (Article 76, 77).  

The President is assisted by the Prime Minister and the President's Secretariat. The Prime Minister is appointed by the President with the approval of the National Assembly and has the authority to recommend the appointment or dismissal of ministers (Article 86). If the President is unable to perform their duties, the Prime Minister manages the country by exercising the President's powers (Article 71). 

The State Council is the highest policy deliberation and decision-making body of the executive branch of the Republic of Korea (Article 88). According to the Constitution, the State Council must consist of between 15 and 30 members, including the President, the Prime Minister, the Deputy Prime Minister, and the heads of 17 ministries. The Constitution designates the President as the chairperson of the State Council and the Prime Minister as the vice-chairperson (Article 88).  

According to Article 94 of the Constitution, the heads of executive ministries are appointed by the President upon the recommendation of the Prime Minister from among the State Council members. Currently, there are 18 ministries in the Korean government. The heads of these ministries, who are appointed by the President, report to the Prime Minister. Some ministries have affiliated agencies, and these agencies report both to the Prime Minister and the respective ministry's head.  

Although the Constitution of the Republic of Korea establishes a presidential system and a unitary state, it also includes provisions on local governments, allowing flexibility for governance tailored to regional circumstances. According to Article 117 of the Constitution, local governments are authorized to handle affairs related to residents' welfare, manage their assets, and enact autonomous regulations within the limits of national laws and statutes. However, the creation and enforcement of local regulations remain subject to the overarching framework of the Constitution and national legislation. 

The Republic of Korea has a legal system based on the Civil Law System. The Civil Law System operates around codified laws, where legal codes (laws, regulations, etc.) play a central role, and judicial precedents (court rulings) serve as a supplementary role to help interpret these laws. 

In legal proceedings, individual courts are competent to interpret and apply statutory provisions, although in practice Supreme Court precedents hold de facto binding influence over lower courts. The legal framework of the Republic of Korea consists of the Constitution, statutes (laws), decrees, ordinances, and regulations. 

In contrast, according to Article 47, Paragraph 1 of the Constitutional Court Act, a decision of unconstitutionality by the Constitutional Court is binding on courts, other state agencies, and local governments. Furthermore, any law or provision declared unconstitutional loses its effect from the date of the decision. 

1. Courts 

According to Articles 101(1) and 101(2) of Chapter 5 of the Constitution, judicial power belongs to courts composed of judges, and the courts are organized into the Supreme Court and lower courts. Article 102, Paragraph 3 of the Constitution delegates the authority to establish the organization of the Supreme Court and other courts to legislation. The current judicial system of the Republic of Korea follows a three-tier system based on Part 3 of the Court Organization Act.  

The Supreme Court, as the highest court in the Republic of Korea due to Article 11 of the Court Organization Act and is responsible for all final judgments (appeals) and is established under Article 102(2) of the Constitution. It is composed of the "Chief Justice" and "Justices." According to Article 104(1) of the Constitution, the Chief Justice is appointed by the President with the consent of the National Assembly, while Justices are appointed by the President with the consent of the National Assembly, based on the recommendation of the Chief Justice. Furthermore, the Supreme Court has a Court Administration Office (National Court Administration, NCA) that holds authority over the judicial administration of all courts, including the Supreme Court, and is responsible for the budgeting and personnel management of the courts and individual judges (Article 19 of the Court Organization Act). 

The lower courts of the Republic of Korea include the district courts, which handle first-instance cases; the high courts, which handle appeals; and other specialized courts such as administrative courts, patent courts, family courts, and bankruptcy courts, as outlined in Article 102(3) of the Constitution and Part 3 of the Court Organization Act.  

Military courts in the Republic of Korea, under Article 110(1) of Chapter 5 of the Constitution and the Military Court Act, are special courts that have jurisdiction over military law and related military trials. 

2. Constitutional Court 

Chapter 6 of the Constitution of the Republic of Korea, titled "Constitutional Court," establishes the Constitutional Court as the highest court with jurisdiction over constitutional matters, including judicial review of laws, political party dissolution, impeachment trials, jurisdictional disputes, and constitutional complaints. The Constitutional Court operates under a one-instance system. According to Article 3 of the Constitutional Court Act, the Constitutional Court is composed of nine justices. Furthermore, Article 22 of the same Act stipulates that, unless otherwise specified by special provisions, the adjudication of the Constitutional Court shall be conducted by a full bench consisting of all justices. 

While the Constitutional Court does not belong to the ordinary courts, it serves as the highest judicial body in interpreting and applying the Constitution, forming one part of the dual structure along with the Supreme Court, which is the highest judicial body in the ordinary courts. 

1.  Central Level 

Under the current legal framework of the Republic of Korea, the Ministry of Justice is responsible for refugee screening and management. According to the Refugee Act, refugee status determination (RSD) applications must be submitted to the Ministry of Justice, and fact-finding investigations related to refugee recognition are also conducted under the authority of the Minister of Justice (Article 5, 10). Consequently, appeals against refugee status denial decisions must be filed with the Minister of Justice, as stipulated in Article 21 of the Refugee Act. 

2. Sub-Central Level 

The Ministry of Justice operates the Korea Immigration Service which is the headquarter for Immigration and Foreigner Policy, under which the Refugee Policy Division and the Refugee Appeal Division are established. 

The Refugee Policy Division oversees matters related to the recognition or rejection of refugee status, the treatment and support of recognized refugees, the operation of refugee support facilities, and cooperation with international organizations such as UNHCR. 

The Refugee Appeal Division is responsible for handling administrative appeals against refugee status denial, revocation, or cancellation of refugee recognition, as well as matters related to the composition and operation of the Refugee Committee. 

According to Article 25 of the Refugee Act, the Refugee Committee is established within the Ministry of Justice. The Refugee Committee deliberates on administrative appeals, although the final decision rests with the Minister of Justice. 

Under Article 29 of the same Act, the Minister of Justice and the Refugee Committee are obligated to cooperate with the UNHCR in its function of supervising implementation of the 1951 Convention. 

3. Local Level 

The Korea Immigration Service operates regional immigration offices across the country. Major immigration offices include the Incheon Airport Immigration Office, Seoul Immigration Office, Suwon Immigration Office, and Ansan Immigration Office. They are responsible for handling refugee applications and granting refugee status in their respective areas. 

Additionally, as a support facility for refugees and other foreign residents, the Immigration and Foreigners Support Center has been established and is operated on Yeongjong Island, Incheon. 

Local district offices within major cities may also provide welfare services and support for refugees who reside in their jurisdiction.